MIAMI (CN) – Miami-Dade County enacted an unconstitutional “crane ordinance” that requires construction cranes to be able to withstand hurricane winds, builders groups claim in a federal civil rights complaint.
The county enacted the ordinance on March 28. Plaintiffs claim the ordinance violates the federal Occupational Safety and Health Act and the Commerce Clause of the Constitution.
The builders groups say their members “will be unable to meet the regulations imposed by the Crane Ordinance and therefore unable to conduct business in the County.”
Lead plaintiff, the Associated Builders and Contractors Florida East Coast Chapter, says the ordinance unfairly classifies temporary structures and permanent structures; requires them to apply for permits for the cranes, though the plaintiffs say they customarily rent the cranes rather than own them; and requires crane operators to be certified, though “there is no process in place for persons in the Office of Building Code Complaint to be credentialed to be recognized as a certifier.”
The builders want enforcement enjoined. They are represented by Brian Wold with Smith, Currie & Hancock of Fort Lauderdale.